Alaska moves to halt tribal gaming hall as legal dispute over land jurisdiction escalates

The State of Alaska has moved to temporarily shut down a tribal gaming hall in Anchorage, intensifying a legal and political dispute over jurisdiction on Native lands. Filed on Wednesday in the U.S. District Court for the District of Columbia, the state’s motion for a preliminary injunction targets the Chin’an Gaming Hall, which opened in January and is operated by the Native Village of Eklutna.

Judge Paul L. Friedman, who is overseeing the case, has scheduled oral arguments on the injunction for April 28. The gaming hall will remain open as litigation continues, a tribal spokesperson confirmed.

Located near the Birchwood Airport in Anchorage, the casino has been the subject of controversy since its launch. Residents of the Birchwood neighborhood have filed suit, and the State of Alaska followed with its own federal case in February. The state argues that it retains primary jurisdiction over Alaska Native allotments and that the gaming facility was approved without proper legal standing.

“This case is about jurisdiction over lands,” said Deputy Attorney General Cori Mills in a statement. “We are asking a court to reaffirm what it has already said — the state maintains primary jurisdiction over Alaska Native allotments.”

The Chin’an Gaming Hall, still in early stages of development, is envisioned as a multi-million dollar enterprise with up to 1,000 gaming machines and two restaurants. The Native Village of Eklutna says the project could generate over $67 million in economic activity and create more than 400 jobs once fully operational.

A key point in the legal dispute is a 2024 opinion by Interior Solicitor Robert Anderson, which stated that Alaska Native allotments are presumed to fall under tribal jurisdiction if the land is owned by a tribal member and not geographically separated from the tribal community.

Anderson’s opinion withdrew parts of a 1993 interpretation that denied Alaska tribes such jurisdiction, a reversal that the state is challenging in court.

In its latest filing, the state contends that Anderson’s opinion contradicts a 2021 court ruling upholding the 1993 stance. That earlier case, also involving the Eklutna tribe, stalled an earlier iteration of the casino project. Mills added Thursday that “a solicitor’s opinion cannot convert Alaska Native allotments into Indian reservations.”

For the tribe, the state's legal maneuver represents a threat. “We were extremely disheartened to learn that Governor (Mike) Dunleavy has decided to escalate his continual attack on tribal sovereignty and local economic growth,” said Aaron Leggett, president of the Native Village of Eklutna, in a statement Wednesday.

The state’s lawsuit also challenges federal approvals that paved the way for the casino, including decisions by the National Indian Gaming Commission and the Bureau of Indian Affairs.

The gaming hall, one of only three tribal casinos in Alaska and the only one in Southcentral, has become a flashpoint not only for state-tribal relations but also for community concerns. Residents of the surrounding Birchwood area say the facility has increased traffic, noise, and litter. 

Debbie Ossiander of the Birchwood Community Council called for clarity on jurisdiction. “We need to know who’s in charge, what laws are being followed, and who do we go to,” she said at a recent meeting with the Anchorage Assembly and tribal representatives. The Council has passed a resolution urging the state and municipality to establish clear enforcement responsibilities.

Tribal attorney Whitney Leonard said the tribe is in discussions with the city to establish a permanent agreement that includes support for police and emergency services.